CHAPTER 23 – Judiciary and fundamental rights

Accession negotiations are the final stage of the integration process of candidate country to the European Union. It negotiates about the terms under what conditions candidate country accesses the EU, which are basically related to the harmonization of domestic legislation with the EU acquis. The new the European Commission’s approach to negotiations with the future Member States requires that negotiations about Chapters 23 and 24 need to be open first, which cover the area of judiciary and fundamental rights, justice, freedom and security.

Chapter Judiciary and Fundamental Rights is new, it was introduced after the sixth wave of the EU enlargement. Policies of the judiciary and fundamental rights aim at preserving and enhancing the European Union as an area of freedom, security and justice. Meeting the requirements of this chapter, Serbia needs to implement a number of reforms and activities that have a direct impact on the daily life of citizens. In terms of content, Chapter 23 is divided into four thematic areas, which include: judicial reform, anti-corruption policy, fundamental rights and the rights of EU citizens. Independent judiciary, with necessary capacities to maintain and protect the rule of law is the cornerstone of these policies. In the European Union, perceiving the importance of the existence of independent and efficient judiciary, it is defined a series of recommendations for achieving the impartiality, integrity and high standards of the judiciary. It requires a serious commitment to eliminating external influences on the judiciary, allocation of adequate financial resources and training. In addition, Member States are required to effectively fight corruption, because it represents a threat to the stability of democratic institutions and the rule of law. Subject that is discussed in this chapter refers to the fulfillment of the political criteria that are an essential precondition for further integration. There are few regulations at EU level governing this area and most part of them are left to the Member States to regulate these issues on the best way and to comply with standards that are the foundation of the European Union. Considering that the aim of the negotiations that a candidate country joins the EU, it is necessary to establish mutual trust and to ensure the functionality of the system, respecting the values of the European Union itself.